This chapter shall be entitled "Unclassified and Conditional Use Permits."
(Ord. 1591 § 320, 2014)
Unclassified and conditional use permits may be granted upon the filing of an application therefor by a property owner or a lessee pursuant to chapters 18.20 and 18.240 DMMC and the provisions of this chapter. The procedures to be followed in considering an application for a conditional use permit shall be those for a Type III land use action as set forth in chapter 18.20 DMMC. The procedures to be followed in considering an application for an unclassified use permit shall be those for a Type IV land use action as set forth in chapter 18.20 DMMC. Unclassified and conditional use permit applications filed for uses defined as essential public facilities will be processed in accordance with state law and chapter 18.255 DMMC.
(Ord. 1591 § 321, 2014; Ord. 1697 § 4, 2018)
The purpose of a review shall be to determine that the characteristics of any such use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purpose of this Title shall be served.
(Ord. 1591 § 322, 2014; Ord. 1697 § 5, 2018)
The requirements for front and side yards and open spaces applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additions are made with respect thereto.
(Ord. 1591 § 326, 2014)
The provisions applying to height, floor area, and lot area coverage applicable to the particular zone in which any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additional limitations are made with respect thereto.
(Ord. 1591 § 327, 2014)
The requirements for provision of off-street parking and loading areas applicable to the particular use shall prevail, unless in the findings and conditions recited in the action dealing with each such matter, specific additional requirements are made with respect thereto.
(Ord. 1591 § 328, 2014)
(1) 
The Hearing Examiner may grant a conditional use permit after a hearing if, but only if, sufficient evidence is presented that the characteristics of any such proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas, or that the proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas if certain conditions are attached to the proposed use. Furthermore, the Hearing Examiner shall give due regard for the nature and condition of all adjacent uses and structures and any testimony presented with reference to such adjacent uses and structures, and, in authorizing a conditional use, may impose such requirements and conditions with respect to location, landscaping, traffic control, dedication, maintenance, and operation in addition to those expressly set forth in this chapter and other ordinances as may be deemed necessary for the protection of adjacent properties and the public interest.
(2) 
Uses requiring a conditional use permit that are classified as essential public facilities shall meet the requirements of chapter 18.255 DMMC.
(Ord. 1591 § 329, 2014; Ord. 1697 § 8, 2018)
(1) 
The Council may grant an unclassified use permit if sufficient evidence is presented that the characteristics of any such proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas, or that the proposed use shall not be unreasonably incompatible with the type of uses permitted in surrounding areas if certain conditions are attached to the proposed use. Furthermore, the Council shall give due regard for the nature and condition of all adjacent uses and structures and any testimony presented with reference to such adjacent uses and structures, and, in authorizing an unclassified use, may impose such requirements and conditions with respect to location, landscaping, traffic control, dedication, maintenance, and operation in addition to those expressly set forth in this chapter and other ordinances as may be deemed necessary for the protection of neighborhood properties and the public interest.
(2) 
Uses requiring an unclassified use permit that are classified as essential public facilities shall meet the requirements of chapter 18.255 DMMC.
(Ord. 1697 § 9, 2018)
An unclassified or conditional use permit may be appealed pursuant to chapter 18.20 DMMC.
(Ord. 1591 § 330, 2014; Ord. 1697 § 10, 2018)